Rains Lucia Stern St. Phalle & Silver

California's premier full-service law firm with an emphasis on the representation of peace officers in disciplinary, criminal, labor, workers' compensation, personal injury and other civil matters.

  • About Us
  • Practice Areas
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    • Bulletins
    • RLS in the News
  • Resources
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer

John Doe v. Defendants Diver and Vessel Owner

September 12, 2019 by Hien Nguyen

Attorneys:
Eustace de Saint Phalle




Case Type:
Boat Accident, Maritime Accident



Injury Type:
Wrongful Death



Result:
$250,000

Two friends, John Doe and Defendant Diver went diving on the West Coast. The two friends travelled to nearby reef onboard a diving ship owned by Defendant Owner. Defendant Owner permitted Defendant Diver to use the boat, knowing he was going to dive with John Doe using a hookah rig, a surface supplied air system.

Defendant Diver was a PADI-certified scuba diver. John Doe was neither scuba certified nor experienced with a hookah rig. Despite this, Defendant Diver gave John Doe a diving weight to place inside his wetsuit, a dangerous practice because it prevents divers from quickly releasing the weight if in distress.

On their second dive of the day, Defendant Diver became tired and exited the water, boarding the diving boat and leaving John Doe in 30-40 foot deep water. While below deck, Defendant Diver heard noises and returned topside to find John Doe in distress in the water.

Defendant Diver did not jump in to help his friend, nor did he provide a floatation device. Defendant Diver feared that John Doe would drag him under if he entered the water.

Instead, Defendant Diver broadcasted an emergency “mayday” to the United States Coast Guard and remained on the boat, watching as John Doe submerged in the water.

The Coast Guard arrived and found John Doe at the bottom of the ocean. Unfortunately, John Doe was later pronounced dead by drowning.

Defendant Diver was determined to be liable for gross negligence and causing the death of John Doe. In addition, there was a violation of the Fish and Game Code. It was determined that the two had been illegally fishing.

Defendant Owner of the diving boat was also legally liable for John Doe’s death. She negligently loaned the boat and her equipment to the two friends going diving at the Reef, despite knowing John Doe was not certified to scuba dive and was inexperienced with the equipment.

John Doe’s family proceeded with a lawsuit against the Defendant Diver and Defendant Owner. This case presented complex issues of maritime law, employer negligence, and violation of Fish and Game regulations.

The case was resolved with a monetary settlement for the family of John Doe.

Filed Under: Case Results Tagged With: eustace-de-saint-phalle

Consultation Form

Offices across California to serve you.
Contact us now to schedule a consultation.
Contact form not loading? Click here!
Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of information through this website is not intended to create an attorney-client relationship between sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

© 2023 Rains Lucia Stern St. Phalle & Silver, PC. All Rights Reserved. | Disclaimer

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPTREJECT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Contact Us

  • News Alerts

Official logo for Rains Lucia Stern St. Phalle & Silver
Rains Lucia Stern St. Phalle & Silver Logo
  • About Us
  • Practice Areas
    ▼
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      ▼
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    ▼
    • Bulletins
    • RLS in the News
  • Resources
    ▼
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer
Hotline phone numbers. Northern California: 925-609-1699. Southern California: 310-393-1486.